Manslaughter. slaughter, unlawfully and without malice; statute does not define manslaughter; must look to common law for definition.-Hornsby v. State, 91 Ala. 55 (10 So. 522); Smith v. State, 68 Ala. 424. Manslaughter is the unlawful killing of another without malice, either express or implied; it may be either voluntarily upon a sudden heat or involuntarily, but in the commission of some unlawful act.-Flanagan v. State, 46 Ala. 703. See note to § 7084 (4854). There may be a conviction of manslaughter under an indictment charging murder. Smith v. State, 142 Ala. 14 (39 So. 323). Negligence in use of firearms.-Richardson v. State, 145 Ala. 46 (41 So. 82). 7091. (4861) (3732) (4302) (1112, 1113) (884, 885) Same; by engineer of steamboat, and employer.-In case of the loss of life from the explosion of a boiler, or any apparatus connected therewith, on any steamboat navigating the waters of. this state, and the person acting thereon as engineer has not obtained a certificate to act as such engineer, or is acting out of the grade therein specified, or is knowingly employed after the revocation of his certificate, the captain or owner employing such person, and the person so employed or acting, are guilty of manslaughter in the first degree. 7092. (4862) (3733) (4303) (3660) (118) Same; punishment. Any person who is convicted of manslaughter in the first degree must, at the discretion of the jury, be imprisoned in the penitentiary for not less than one nor more than ten years, and any person who is convicted of manslaughter in the second degree must, at the discretion of the jury, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year, and may also be fined not more than five hundred dollars. (Aikin's Digest, p. 109, § 46.) This section modified by § 5412 of the Code of 1896.-Henson v. State, 120 Ala. 316 (25 So. 23); Ex parte Brown, 102 Ala. 170 (15 So. 602). This section and § 7620 (5412) not in conflict; latter controls.-Henderson v. State, 98 Ala. 35 (13 So. 146); Bibb v. State, 83 Ala. 84 (3 So. 711). Jury no right to prescribe place of punishment; when verdict sufficient to authorize judgment and sentence by the court.-Washington v. State, 117 Ala. 30 (23 So. 697); Ex parte Brown, 102 Ala. 179 (15 So. 602); Evans v. State, 109 Ala. 11 (19 So. 535). Verdict and judgment for manslaughter. Hughes v. State, 117 Ala. 25 (23 So. 677). 7093. (4863) (3734) (4300) (3658) (116) Same; punishment when committed with a bowie knife.-Any person who, being armed with a razor, bowie knife, or other knife of like kind or description, commits manslaughter therewith in a sudden rencounter, must, on conviction, be imprisoned in the penitentiary for not less than five nor more than ten years. (Clay's Digest, p. 482, § 38.) HOSFITALS, MUNICIPAL (Political Code). HORTICULTURE (Political Code).... HORTICULTURE, OFFENSES CONCERNING (Criminal Code). 1277 .811- 826 .6223-6228 7094. Innkeeper to give checks or receipts for baggage.Keepers of inns, hotels, and other houses of public entertainment for travelers, shall give receipts or checks for all baggage of their guests, delivered in such inn, hotel, or house of entertainment, when requested so to do by such guests; and such keeper shall not make any additional charge for receipting for, checking, or keeping such luggage, so long as the owner remains a guest of the house. A violation of the provisions of this section shall be a misdemeanor. 7095. Fire escapes.-Any owner, proprietor, or manager (w c.c.) of any hotel, office building, school building, store, or manufacturing building, which is more than two stories high, now erected, who shall fail for six months after the adoption of this Code to have securely fixed and conveniently arranged so as to be accessible to persons lodging in, working in, or occupying such building, in case of fire in such building, good and sufficient fire escapes or ladders for each story of said building, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty nor more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months, for each day so continued. 7096. Fire escapes.-Any owner, proprietor, or manager of (w.c.c.) any hotel, office building, school building, store, or manu (w.c.c.) facturing building erected hereafter who shall fail to erect with such building such fire escapes as are required in the preceding section, shall, on conviction, be fined not less than fifty nor more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months. 7097. Locks, bolts, etc.-Any owner, proprietor, or manager of any hotel or inn who shall fail or neglect to provide good and sufficient locks, latches, or bolts to all the doors and rooms used by guests or provided for the use of guests or patrons of such hotel or inn, whereby the same may be securely fastened from the inside of such room, shall, on conviction, be fined not less than ten nor more than one hundred dollars. Mar. 4, 1907, p. 254. $9. CHAPTER 231. IMMIGRATION. 7098. 7098. Unlawful importation of immigrants, penalty for.Any person, firm, association, or corporation who shall bring or cause to be brought into the State of Alabama, any immigrants from any foreign country, in any other way than through the department of immigration, and in accordance with the immigration laws of this state, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one thousand dollars. grounds of impeachment. 7100. Disqualification a ground of impeachment. 7101. Proceedings in name of state; upon whose information commenced. 7102. Five resident taxpayers may 7103. On the information. 7105. Proceedings in supreme court. 7109. In case the sheriff or clerk is impeached. 7110. When cause stands for trial; trial by jury; precedence of cause. 7111. Time of trial. 7112. Drawing juries for impeachment of county commissioners and other officers. SECTION. 7113. List prepared from which 7114. Talesmen, how drawn. costs. 7116. Duties and liabilities of sher. how state witnesses before 7123. Extent of judgment; liability 7126. Proceedings when defendant $173. 7099. (4864) (4818) (4047) Who may be impeached; constitu grounds of impeachment. The following officers may be im- tion, 1901 peached and removed from office, to wit: Chancellors, judges (r.c.c.) of city courts, judges of probate courts, solicitors of the circuits, judges of the inferior courts from which an appeal may be taken direct to the supreme court; sheriffs, clerks of the circuit, city, or criminal courts, tax collectors, tax assessors, county treasurers, coroners, justices of the peace, notaries public, constables, and all other state officers not named in section 173 of the constitution, and all other county officers, and mayors and intendants of incorporated cities and towns in this state, for the following causes, to wit: Willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties, or any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith. (Mar. 7, 1876, p. 277, § 1, amended Feb. 3, 1877, p. 126, § 1; Jan. 21, 1879, p. 155, § 1.) Habitual drunkenness discussed and defined.-Savage's case, 89 Ala. 1 (7 So. 7, 183); Robinson's case, 111 Ala. 482 (20 So. 30). For neglect of duty, evidence necessary in support thereof.-Tally's case, 102 Ala. 25 (15 So. 722). For aiding or abetting in homicide, evidence in support thereof.-Ib. 7100. (4865) (4819) (4069) Disqualification a ground of impeachment. Any of the officers named in the preceding section, who shall be disqualified by law from holding office in this state, may be impeached and removed from office on proceedings instituted and prosecuted in the manner herein provided. (Mar. 7, 1876, p. 277, § 23; Feb. 3, 1877, p. 126, § 1; Jan. 21, 1879, p. 155, § 23.) 7101. (4866) (4820) (4048) Proceedings in name of state; upon whose information commenced.-Proceedings under sections 174 and 175 of article 7 of the constitution shall be instituted in the name of the State of Alabama, in the nature of an information, by the attorney-general, or solicitor, or upon the information of such other persons as are by this chapter allowed to institute the same; and all such proceedings shall be conducted, and all process shall issue, in the name of the State of Alabama. (Mar. 7, 1876, p. 277, § 2; Feb. 3, 1877, p. 126, § 1; Jan. 21, 1879, p. 155, § 2.) Impeachment proceedings are governed by the rules of law and evidence applicable to criminal cases.s.-Robinson's case, 111 Ala. 482 (20 So. 30); Taily's case, 102 Ala. 25 (15 So. 722); Savage's case, 89 Ala. 1 (7 So. 7, 183); Buckley's case, 54 Ala. 549. 7102. (4867) (4821) (4049) Five resident taxpayers may institute; must give bond.-Any five resident taxpayers of the division, circuit, district, county, city, or town, for which the officer sought to be impeached was elected or appointed, may institute proceedings of impeachment, under either of the sections of the constitution above expressed, upon giving bond, with sufficient sureties, payable to the officer sought to be impeached, conditioned to prosecute the impeachment to effect, and, failing therein, to pay all costs that may be incurred; which bond shall be taken and approved by the clerk |